6533b837fe1ef96bd12a257f
RESEARCH PRODUCT
In Your Best Interest
Venke Frederike JohansenMonica StrømlandMarianne K. BahusAnders Johan W. Andersensubject
Sociology and Political ScienceManagement sciencePolitical Science and International RelationsCapability approachSociologyGuidelineBest interestsSocial Sciences (miscellaneous)description
We introduce the opportunity for Capability Approach, developed by Martha C. Nussbaum (1997, 2006, 2011), to be used as a guideline to balance the principle of the child’s best interests as formulated in the crc, art. 3 and respect for family life, echr, art. 8, in cases where these principles are drawn in different directions. To contextualize a dilemma, we refer to two stories from the Norwegian courts which illustrate how complex this can be. The stories are similar in the way that they both are related to an evaluation of children`s best interests. We argue conclusively that the list of capabilities could strengthen and supplement the content of the principle of child’s best interests. The list constitutes a basis for participation and insight into the child’s situation, which is valuable when in a position of making decisions critical to the child’s current and future abilities, opportunities and potentialities.
| year | journal | country | edition | language |
|---|---|---|---|---|
| 2019-08-12 | The International Journal of Children’s Rights |